ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035998
Parties:
| Complainant | Respondent |
Parties | Igor Magureanu | Kola Express Ltd. |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00047203-001 | 16/11/2021 |
Date of Adjudication Hearing: 28/07/2022
Workplace Relations Commission Adjudication Officer: John Harraghy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The hearing was scheduled for 28/07/2022. There was no appearance by or on behalf of the complainant. There was also no appearance by or on behalf of the respondent.
I am satisfied that the complainant was issued with a letter by e mail on 31/05/2022 advising him of the date, time and venue of the hearing. The e-mail was the sent to the one provided by the complainant and which he used for correspondence with the WRC. The respondent was issued with a letter on 31/05/2022 advising them of the date, time and venue of the hearing.
In order to exercise a significant amount of caution I allowed a period of time to elapse before bringing the hearing to a close. There was no further communication received from or on behalf of the complainant to indicate why he did not attend. There was also no communication received from the respondent.
Background:
The complainant claims that he was not properly paid by the respondent. He worked from 18/10/2021 to 22/10/2021 and was due to be paid €763.33 nett on 29/10/2021 but did not received any payment. He also worked from 25/10/2021 until 29/10/2021 and was due to be paid €930.19 nett on 6/11/2021 but did not receive any payment. The complainant provided copies of relevant pay slips for the period. |
Summary of Complainant’s Case:
The complainant had submitted a complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991. There was no appearance by or on behalf of the complainant at the hearing to pursue this complaint and/or give evidence. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the respondent at the hearing. |
Findings and Conclusions:
As there was no appearance by or on behalf of the complainant at the hearing to pursue the complaint and/or give evidence in relation to this complaint I conclude that the complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I am satisfied that the complainant was properly notified of the hearing arrangements. I find that his non-attendance at the hearing, without any notification, to pursue this complaint to be unreasonable. In the absence of any evidence proffered by or on behalf of the Complaint seeking adjudication by the Workplace Relations Commission under Section 6 of the Payment of Wages Act, 1991 I find this complaint is not well-founded. |
Dated: 17-08-22
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
No attendance |